The Administration of Justice is of vital importance to Europe

In line with the chair position, Kees Sterk is providing education and initiating research with regard to the institutional embedding and practical application of the core values of the judiciary in member states of the European Union, especially in relation to the requirements imposed by EU and ECHR law. This is a subject he has been engaged with for the last five years within the European Network of Councils for the Judiciary (ENCJ), also as its president from 2018 to 2020.

During his time at ENCJ, Prof. Sterk visited many European countries including Poland and Hungary, where he talked to key stakeholders from both the judiciary and the government. He closely experienced how the administration of justice was a battle for judges to maintain their independence while politicians attempted to influence proceedings. Judicial independence is now also on the agenda of the European Council, the European Commission, the European Parliament and the European Court of Justice. He has debated on this subject in international newspaper, radio and television interviews, as well as in the European Parliament, the Dutch Parliament and during visits to the Commissioners Vera Jourova and Didier Reynders.

The Polish and Hungarian governments consider the independence of the judiciary to be vague and abstract. For them, it is not a legal concept but more a political one. This has the potential to change the nature of the European Union, which is based on European law that should be applied uniformly in all Member States. Prof. Sterk and Professor of Constitutional Law, Filippo Donati (Florence) have started working on a book to clarify these concepts to prevent misinterpretation of the legal concept of judicial independence and the administration of justice in the European Union.

In another project, Prof. Sterk aims to review the Kyiv Recommendations on Judicial Independence and add a chapter on accountability of the judiciary. In many countries, rules for judicial independence are in accordance with international standards, but the implementation is inadequate. There are frequent ethical concerns with members and problems with good governance within the judiciary. The development of an internal culture of accountability might help to prevent government interference. Four workgroups will be held with regional experts based on a paper written by Prof. Sterk. With their input a proposal will be formulated to amend the Kyiv Recommendations adding rules on accountability.